Mutafyan

MEMORANDUM **

Mesrob Mutafyan (“Appellant”), as representative of the Armenian Patriarchate of Constantinople (the “Patriarchate”), appeals the district court’s dismissal with prejudice of his petition to enforce an alleged charitable trust and compel an accounting under Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”). Appellant now argues on appeal that the judgment should be reversed because the district court (i) lacked jurisdiction because of the forum defendant rule; (ii) did not articulate its reasons for denying leave to amend; and (in) improperly denied leave to amend under Federal Rule of Civil Procedure 15(a) (“Rule 15(a)”) where Appellant had not previously amended his petition and the appellee, Armenian General Benevolent Union (“AGBU”) had not yet served a responsive pleading. For the reasons stated below, the decision of the district court is affirmed.

On July 25, 1921, Garabed Melkonian (“Melkonian”) made substantial gifts of real and personal property (the “Donated Properties”) to the Patriarchate while imposing the obligation to liquidate them and use the funds to establish and maintain schools for Armenian boys and girls (the “Melkonian Schools”). In…